HomeMy WebLinkAbout20081092.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: 3AMPF-431
APPLICANT: Frontier Companies LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots 8 &9, Block 2, Western Dairymen Cooperative, Section 10,
T2N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: An Amendment to a PUD Final Plat Redesign; consolidating Lots
8 & 9 of Block 2 into one lot in the Western Dairymen
Cooperative PUD.
LOCATION: South of Hwy 119 and approximately 1/4 mile east of CR 7.5.
SIZE: 2.22 acres, more or less.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of
the Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows:
a. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19,22,23,24 and 26 of
the Weld County Code and any intergovernmental agreement in effect influencing the PUD.
The proposed 3r°Amended PUD Final Plan proposes to eliminate the lot line between Lots 8
&9 of Block 2 creating one large. The proposal is consistent with all the applicable chapters
of the Weld County Code. There is an existing ten foot(10')utility easement along the north
• edge and an existing fifteen foot(15')utility easement along the south edge of Lots 8&9 of
Block 2. At the Utility Board hearing dated February 14,2008 the Utility Board requested that
the applicant keep the existing ten foot (10') utility easement along the north edge and the
existing fifteen foot (15') utility easement along the south edge of Lots 8 & 9 as originally
approved through the Western Dairymen Cooperative PUD reception #2590085. The
applicants will be required to obtain a written sign-off from the utility service providers prior to
recording the plat. The site is located within the Mixed Use Development (MUD)area and
will be developed to MUD standards at the time of the Site Plan Review.The property is not
located in an Inter-Governmental Agreement (IGA)area but is located within three miles of
the City of Longmont, Town of Firestone, Town of Frederick, and the Town of Mead.
b. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will
conform with the performance standards of the PUD Zone District contained in Article II,
Chapter 27 of the Weld County Code. The proposal does not affect the performance
standards and/or the Development Standards as approved by the Board of County
Commissioners for the Western Dairymen Cooperative Final Plat on November 24, 1997.
The applicant will be responsible for an Improvements Agreement on Lots 8 &9 Block 2 of
the Western Dairymen Cooperative at the time of the Site Plan Review.
c. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible with the
existing or future development of the surrounding area as permitted by the existing zoning,
and with the future development as projected by Chapter 22 of the Weld County Code or
master plans of affected municipalities. The Town of Mead, and the City of Longmont
indicated in their referrals that they have no concerns. The Town of Frederick in their referral
dated January 23, 2008 state"please apply uniform design principles per the IGA for future ins
development and annex when contiguous with the Towns boundary". The Town of Firestone m
• did not respond to the referral. it CO
d. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the
site to serve the uses permitted within the proposed PUD in compliance with the performance
standards in Article II,Chapter 27 of the Weld County Code.The site is serviced by Left Hand mows
2008-1092
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Resolution 3rdAMPF-431
Frontier Companies LLC
Page 2
Water District and St. Vrain Sanitation District upon receipt of a tap fee agreement.
e. Section 27-7-40.C.5--That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. The proposal does not affect
transportation facilities. The Department of Public Works indicated in their referral dated
January 28, 2008 that they have no comments or any disagreements with this application.
The State of Colorado Department of Transportation in their referral dated February 5,2008
that they have no comment and the consolidating of the lots will have no impact to traffic.
f. Section 27-7-40.C.6 - In the event the street or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and financial capacity
to upgrade the street or highway facilities in conformance with the Transportation Sections of
Chapters 22,24 and 26, if applicable.The proposal does not affect transportation facilities as
per the Public Works referral dated January 28,2008 and the State of Colorado Department
of Transportation referral dated February 5, 2008
g. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
• mineral deposits, and soil conditions on the subject site. Issues regarding overlay districts,
commercial mineral deposits, and soil conditions were addressed during the original Final
Plan, S-431 for Western Dairymen Cooperative reception #2590085.
Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department
of Planning Services)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of
Planning Services)
h. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in
the development guide, and the final plan exactly conforms to the development guide. The
proposed PUD Final Plan uses are compatible with the criteria listed in the development
guide.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral agencies.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the PUD Final Plat:
A. The Amended Final Plat shall be prepared in accordance with Section 27-9-20 of the Weld
County Code. (Department of Planning Services)
• B. The applicant shall address the requirements (concerns) of the Mountain View Fire
Protection District referral dated January 17, 2008. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
• Resolution 3rdAMPF-431
Frontier Companies LLC
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Services)
C. The applicant shall address the requirements (concerns) of the Town of Frederick referral
dated January 23, 2008. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
D. The applicant shall address the requirements(concerns)of the Department of Public Works
referral dated January 28, 2008. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements(concerns)of the Department of Public Health
and Environment referral dated February 7, 2008. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
F. The plat shall be amended to include the following:
1. The applicant shall place the Certificate of Dedication Ownership and Maintenance:
Surveying Certificate, Certificate of Approval by the Planning Commission and
Certificate of Approval by the Board of County Commissioners on the 3r° mended
Final Plat for Western Dairymen Cooperative. (Department of Planning Services)
• 2. All sheets of the plat shall be labeled 3r° AMPF-431. (Department of Planning
Services)
3. The applicant shall address the requirements(concerns)of the Utility Advisory Board
as stated in the meeting minutes from February 14, 2008. (Department of Planning
Services)
4. The applicant shall obtain a written sign-off from the utility providers prior to
recording the plat. The utility name and signature shall be on the plat in accordance
with Section 27-9-40.6 of the Weld County Code. (Department of Planning Services
& Utility Advisory Board)
G. The Final Plat is conditional upon the following and each shall be placed on the Final Plat as
notes prior to recording:
1. This replat shall comply with the notes listed on the Western Dairymen Cooperative
PUD plat (S-431) recorded January 21, 1998 under reception #2590085 as listed
below. (Department of Planning Services)
a. The uses permitted within the PUD Final plan shall include a total of
nineteen lots and open space will comply with the PUD Zone District
requirements and as described in the application materials.
b. Approval of this plan may create a vested property right pursuant to Section
23-8-10 of the Weld County Code
• c. Left Hand Water District shall provide water service to all uses within the
PUD Zone District.
• Resolution 3rdAMPF-431
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d. St. Vrain Sanitation District shall provide sewage disposal to all lots within
the PUD Zone District.
e. The property owner or operator shall be responsible for complying with the
Design Standards of Section 23-2-240 of the Weld County Code as
amended and the conditions of the Weld County Utility Board.
f. All uses with the PUD Final Plan shall comply with the requirements of the
Mountain View Fire Protection District.
g. Access to the development shall be from County Road 7.5 which intersects
State Highway 119.
h. All uses within the PUD Final Plan shall maintain compliance at all times
with the Department of Army, Corps of Engineers requirements/standards.
Exterior illumination of structures,yards and driveways shall be restricted as
follows:
1. Sources of light shall be shielded so that beams of light will not
• shine directly onto adjacent properties.
2. Neither the direct nor reflected light from any light source may
create a traffic hazard to operators of motor vehicles on public or
private streets.
j. The landscaping on site shall be maintained in accordance with the
approved Landscape Plan.
k. Any proposed sign shall adhere to Sections 23-4-100,23-4-110 and 26-2-90
of the Weld County Code. The applicant shall apply for and receive a
building permit for all proposed signs.
Prior to the release of building permits for structures,foundation plans shall
be submitted bearing the stamp of a Colorado Professional Engineer for
review and approval by the Weld County Building Inspection Department.
m. Prior to any use or construction of any lot with the PUD a Site Plan Review
application shall be submitted, reviewed,and approved and conditions met.
n. All lots within the PUD shall adhere to the MUD Development Standards and
shall be reviewed through the Site Plan Review application process.
2. Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the Weld County Road Impact Fee
Program. (Ordinance 2002-11) (Department of Planning Services)
• 3. Effective August 1,2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
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Storm Water/Drainage Impact Fee Program. (Ordinance 2005-8 Section 5-8-40)
4. A plan review is required for each building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
5. Buildings shall conform to the requirements of the various codes adopted at the time
of permit application. Currently the following has been adopted by Weld County:
2006 International Building Code; 2006 International Mechanical Code; 2006
International Plumbing Code; 2006 International Fuel Gas Code; and the 2005
National Electrical Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
6. Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered
engineer. (Department of Building Inspection)
7. Building height,wall and opening protection and separation of buildings with mixed
uses shall be in accordance with the Building and/or Residential Code in effect at
the time of permit application. Setback and offset distances shall be determined by
• the Weld County Code. (Department of Building Inspection)
8. Building height shall be measured in accordance with the applicable Building Code
for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk
Requirements from Chapter 23 of the Weld County Code. Building height shall be
measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Off-set and setback
requirements are measured to the farthest projection from the building. (Depart of
Building Inspection)
9. The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
10. The property owner shall be responsible for complying with Chapter 27 and Chapter
26, Article VIII, of the Weld County Code. (Department of Planning Services)
11. The property owner shall be responsible for complying with the criteria of Chapter 26
of the Weld County Code. (Department of Planning Services)
12. Personnel from Weld County Government shall be granted access onto the property
at any reasonable time in order to ensure the activities carried out on the property
comply with the Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
13. A storm water discharge permit may be required for a development/redevelopment
• /construction site where a contiguous or non-contiguous land disturbance is greater
than or equal to one acre in area. Contact the Water Quality Control Division of the
• Resolution 3rdAMPF-431
Frontier Companies LLC
Page 6
Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
14. During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions,
at the request of the Weld County Health Department, a fugitive dust control plan
must be submitted. (Department of Public Health and Environment)
15. In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 1 acre of land must incorporate all
available and practical methods that are technologically feasible and economically
reasonable in order to minimize dust emissions. (Department of Public Health and
Environment)
16. All signs shall require building permits. Signs shall adhere to the Weld County Code.
These requirements shall apply to all temporary and permanent signs.(Department
of Planning Services)
17. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
• 18. In accordance with the Weld County Code, no land, building or structure shall be
changed in use or type of occupancy, developed, erected, constructed,
reconstructed, moved or structurally altered or operated in the Commercial and
Industrial Zone District until a Site Plan Review application meeting the criteria of
Section 23-2-160 and Section 26 of the Weld County Code has been submitted to
the Department of Planning Services for review and approval. (Department of
Planning Services)
2. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services.
3. The applicant shall submit a digital file of all drawings associated with the 3r° Amended Final Plat
application. Acceptable CAD formats are .dwg, .dxf,and.dgn(Microstation); acceptable GIS formats
are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred
format for Images is .tif(Group 4). (Group 6 is not acceptable). (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required thirty (30)days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
5. Upon completion of items#1 and#2 above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 24-4-40.D.6 through D.9 of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the
date of the Board of County Commissioners resolution.The applicant shall be responsible for paying
• the recording fee.
• Resolution 3rdAMPF-431
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Page 7
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Tom Holton
Doug Ochsner
Nick Berryman
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Robert Grand
Bill Hall
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
•
CERTIFICATION OF COPY
I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 18, 2008.
Dated the 18th of March, 2008.
$2,t)aket kit
Donita May
Secretary
•
LEGAL DESCRIPTION: Lot 1 of SE-664, being part of the SW4 of Section 3,Ti N, R68W of the 6th P.M.,
• Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by Right,
an accessory use, or a Use by Special Review in the Industrial Zone District
(Steel Fabrication Company)in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 7 and approximately 1/2 mile south of State
Highway 52.
SIZE: 2.5 acres, more or less.
Jacqueline Hatch, Department of Planning, said both Staff and the applicant were requesting this case remain on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished
to speak.
There was no opposition to the case remaining on the consent agenda.
CASE NUMBER: 3AMPF-431
APPLICANT: Frontier Companies LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots 8&9, Block 2,Western Dairymen Cooperative, Section 10,T2N, R68W of
the 6th P.M.,Weld County, Colorado.
REQUEST: An Amendment to a PUD Final Plat Redesign; consolidating Lots 8&9 of Block
2 into one lot in the Western Dairymen Cooperative PUD.
LOCATION: South of Hwy 119 and approximately 1/4 mile east of CR 7.5.
SIZE: 2.22 acres, more or less.
Jacqueline Hatch, Department of Planning, said both Staff and the applicant were requesting this case remain on the
consent agenda for the sole reason that this application is just for the consolidation of lots eight and nine. The
proposed use on the property is an indoor shooting range,which is a site plan review and a use by right on this
property. The applicant is going through the site plan review process for the property which is a separate
• application. It is an administrative process that will not have a public hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application remaining on the
consent agenda.
Kevin Lyles, 10671 Butte Dr, Longmont, CO 80504,said the letter he had received from the Planning Department was
not clear enough as to the specific proposal. He understood this case is the merging of two lots and the intended use is
not subject to public review, but he felt it was still appropriate to comment at this time.
The Chair asked Bruce Barker, County Attorney,for legal advice regarding this case and if the public would have the
opportunity to speak before the Board of County Commissioners. Mr.Barker replied that in terms of when it is forwarded
to the Board of County Commissioners,this is considered to be an amendment,and as a result it would be heard by the
Board.
Ms.Hatch reiterated the case today,consolidating the two lots,would be heard by the Board of County Commissioners.
The site plan review for the shooting range is a separate application which would not be heard by the Board of County
Commissioners.
Tom Holton added that the Planning Commission can't comment on the use by right. They can only rule on whether the
applicant can combine the two lots. Ms. Hatch responded that was correct.
Mr. Barker added that was not the issue in this case and that one had nothing to do with the other,though concerns
regarding the site plan review could be expressed to the Board of County Commissioners. The Chair said unfortunately
the Planning Commission cannot hear information based on what is proposed at the location. Mr.Lyles asked if there
would be an opportunity to comment on the site plan review. He added that since surrounding property owners were not
notified during the site plan review process, they would at the very least appreciate notification of when the site plan
review was going before the Board of County Commissioners. Mr.Barker suggested the Planning Department provide
future information to Mr.Lyles and added he was welcome to visit with the Planning Department regarding his concerns.
Ms. Hatch interjected that all case files are open to the public and may be reviewed at any time.
• The Chair stated that as the applicant wished the case remain on the consent agenda,and no Commissioners requested
it be heard, it would remain on the consent agenda.
EXHIBIT
v
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Mark Lawley moved that the Consent Agenda,Cases USR-1646 and 3AMPF-431,be forwarded to the Board of County
• Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval. Second by Tom Holton. Motion carried.
CASE NUMBER: AMUSR-686
APPLICANT: Martin &Johanna Bangma 1989 Trust& Rocky Mountain Fuel Company,
represented by Mile High Dairy LLC.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: A parcel being part of the E2 and Lot B of RE-525, also being part of the E2 of
Section 17,T3N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Livestock
Confinement Operation (1,940 head dairy including milking cows,dry cows,
heifers,and calves)and one single family dwelling unit per lot other than those
permitted under Section 23-3-20.A of the Weld County Code(two single family
employee homes)in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 5 and north of and adjacent to CR 32.
SIZE: 183+/-acres total-USR Boundary 60 +/-acres, more or less.
Jacqueline Hatch, Department of Planning, said Martin and Johanna Bangma 1989 Trust and Rocky Mountain Fuel
Company represented by Mile High Dairy LLC, do Dusty McCormick with AGPROfessionals LLC,have applied for an
Amended Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation(1,940
head dairy including milking cows, dry cows, heifers,and calves)and one single family dwelling unit per lot other than
those permitted under Section 23-3-20.A of the Weld County Code (two single family employee homes) in the A
(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted on March 7,2008 by Staff.
The site is located west of and adjacent to CR 5 and north of and adjacent to CR 32.
The site consists of approximately 183+/-acres total,minus the USR Boundary of 60+/-acres. The dairy was originally
• approved for a total of 900 head dairy by the Board of County Commissioners on October 25, 1985. The applicant is
proposing to increase the number of head on site to 1940.
The Department of Planning Services' Staff recommends this request be denied for the following three reasons:
Section 22-5-30--for Wildlife Goals and Policies 3.W.Policy 1.3 states:"The County will identify and attempt to protect
critical or unique habitat areas of high public value,such as habitats of endangered or unique species,significant viewing
areas and breeding and spawning areas."
The Division of Wildlife,in their referral dated January 30,2008,state that,"According to the Colorado Division of Wildlife
Natural Diversity Information Source Maps for Weld County,this general area provides winter range for bald eagles,
foraging areas and winter range and winter concentration areas for ducks and geese,and is within the overall range for
pheasant and mule deer and white tailed deer. Raptors and songbirds have also been observed in the area. In addition,
a check with the U.S. Fish and Wildlife Service as to the Preble's Meadow Jumping Mouse may be appropriate for any
development what would possibly occur near wetlands associated with the property. A row of cottonwood trees is located
on the southern edge of the property. A raptor survey may be warranted to determine utilization of the area and potential
impact to raptors if disturbance is expected. Native trees and downed or dead wood on the property should be left in
place for continued benefits to wildlife." They proceed to state,"Water quality may be impacted and any storage ponds
should be built and maintained to minimize impact to wildlife. Screening structures and water quality monitoring and
other measures may be necessary. Close coordination with the Colorado Division of Wildlife may assist in minimizing
impacts to wildlife while maintaining quality water resources in the area."The Division of Wildlife also states that any
heavy equipment that may come in contact with any water resources in the area: if heavy equipment is acquired that was
previously working in another stream,river,lake,pond,or wetland within 10 days of working on this project,a disinfection
practice is necessary to prevent the spread of New Zealand Mud Snails and other aquatic hitchhikers into this drainage.
The Department of Planning Services has determined from the Colorado Division of Wildlife referral that there is a need
to protect critical or unique habitat areas of high public value,such as habitats of endangered or unique species in the
area.
Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses.
• The surrounding properties are zoned agricultural. The Town of Mead is located approximately 1/8 mile to the south.
SUP-334 for a reservoir is located approximately 1/2 mile north of the site. USR-1419 for the parking of carnival
equipment is located approximately 1/8 mile north of the site. USR-1421 for a single family dwelling is located
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